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Judge dismisses Cibolo zoning lawsuit involving Walmart

Ruling: Plaintiffs not required to receive zoning changes

A district judge dismissed a lawsuit against the city of Cibolo regarding the construction of a Walmart in the Guadalupe County community.

Judge William Old III ruled the city didn't violate laws when it failed to inform the plaintiffs about proposed rezoning changes that happened in 2010.

Old said the plaintiffs, the Bentwood Homeowners Association and five property owners, didn't own the property on or before the Jan. 1, 2009, tax roll currently in use in Cibolo. Because the plaintiffs weren't on the tax roll, city officials didn't have to inform the plaintiffs of the rezoning changes.

The ruling means the city provided proper notice and the rezoning was done in accordance with state law.

Residents of Bentwood Ranch and Falcon Ridge subdivisions opposed the store's proposed location due to concerns over traffic safety, proximity to a school and fear of increased crime in nearby neighborhoods.

One resident, J.C. Dufresne, said he is afraid of what will happen with the increase of traffic to the area.

"We're concerned that the school being right there where the traffic will be at its absolute heaviest is the last place you want a school where you're going to have kids going back and forth," said Dufresne.

Cibolo Mayor Lisa M. Jackson said the city will deal with the traffic properly.

"The city is well aware of the traffic," she said. "There's been traffic impact analysis done, and we're prepared for them to come to Cibolo."

Jackson said the new Walmart is a good thing. Not only will it bring more revenue to the city, but with it, 300 more jobs.

"It's definitely going to bring in a retail sales tax base that we've been needing and it gives us some options of shopping in Cibolo, as well as bringing jobs to the community," said Jackson.

The Bentwood Homeowners Association and the five property owners who filed the lawsuit say they will appeal the judge's decision.

Jackson said she encourages people to come out to their city council meetings if they have any other questions or concerns about the Walmart issue. The new Walmart is scheduled to be complete by fall 2015.

You can read the judge's ruling by clicking here.